1 2025:CGHC:51234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8086 of 2023 1 - Ashok Panchbhai S/o Late Kashi Ram Panchbhai Aged About 63 Years Retired District Malaria Officer, Dantewada, District- Dantewada (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Raipur (C.G.) 2 - Director Directorate, Health And Family Welfare Department, Indrawati Bhawan, Nava Raipur, District- Raipur (C.G.) 3 - Deputy Director Health Services, Bastar Division, Jagdalpur, District- Bastar (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Syed Majid Ali, Advocate along with Mr. Qamrul Aziz Ali, Adlvocate for the petitioner. For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer (Hon’ble Mr. Justice Amitendra Kishore Prasad) Order on Board 14/10/2025 1. This petition has been filed by the petitioner seeking for the following relief(s):- ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 “10.1 This Hon'ble Court may kindly be pleased to quash the impugned order dated 11.11.2022 (Annexure P/1) passed by the respondent authority and further be pleased to direct the respondents to issue appropriate orders granting benefits of Time Pay Scale and Time Bound Promotion Scale in accordance with law. 10.2 This Hon'ble Court may kindly be pleased to grant interest @ 12% p.a. on delayed payment. 10.3 That the Hon'ble Court further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice.” 2. The brief factual matrix reveals that the petitioner was initially suspended following the registration of a criminal case and subjected to a Departmental Enquiry during 2004-05, culminating in an order of termination dated 27.08.2008. While the petitioner was acquitted by the trial court on 25.10.2017, the termination order was upheld on appeal by the appellate authority on 03.07.2010. The petitioner challenged both orders before this Hon’ble Court in W.P. (S) No. 923/2013. During the pendency of the writ petition, the State Government, by order dated 03.12.2019, recalled the termination and reinstated the petitioner’s services, subject to the principle of ‘No work, no pay.’ Subsequently, upon the petitioner’s representation, the State Government, vide order dated 27.05.2022, treated the 3 disputed period as continuous service for all purposes and withdrew the ‘No work, no pay’ condition, thereby granting all consequential monetary benefits. The petitioner retired as District Malaria Officer, Dantewada, on 31.05.2022. However, the petitioner’s subsequent representation seeking grant of time-bound Promotion Scale (Kramonnati Vetan Maan) and Time Pay Scale (Samaymaan Vetan Maan) was partially rejected, with the claim for Samaymaan Vetan Maan denied, as communicated through the State Government’s reply in Contempt Petition (C) No. 913/2022 by order dated 11.11.2022 (Annexure R/1), which is presently under challenge in the instant writ petition. 3. The petitioner respectfully submits that the actions of the Respondent authorities are arbitrary, illegal, and contrary to the facts and applicable law. Having retired on 31.05.2022, the Respondents are duty-bound to release the gratuity payable to the petitioner without delay. Since the order dated 27.05.2022 treats the period during which the petitioner was out of employment as continuous service, the petitioner is legally entitled to the grant of Time Pay Scale and Time Bound Promotion Scale. The reason assigned in the order dated 11.11.2022, rejecting the petitioner’s claim on the ground of non-production of property details and ACRs, is without merit, as the department alone maintains the Annual Confidential Reports and they were never communicated to the petitioner. 4 The petitioner has suffered significant hardship, having been out of employment for nearly eleven years as a terminated employee and three years under suspension. Furthermore, the Finance Department has issued various circulars granting government employees benefits of Time Pay Scale and Time Bound Promotion Scale. Reliance is placed on the Supreme Court decision in Vijay L. Mehrotra (2001) 9 SCC 687, which mandates that all retiral dues must be paid immediately upon retirement, and in case of delay, simple interest at 18% per annum should be awarded from the date of retirement. The petitioner, as a retired employee, has been deprived of his rightful service benefits, causing undue hardship and injustice. 4. Learned counsel for the State submits that the ACRs are still not available. 5. I have heard learned counsel for the parties and perused the documents available on record with great circumspection. 6. Particularly, on perusal the reply filed by the State it is pertinent to quote paragraph 7 for ready reference :- “That, the petitioner has submitted representation before the State Government, Department of Health & Family Welfare, Nava Raipur, Atal Nagar for grant of Kramonnati / Time Pay scale. It is respectfully submitted that, pursuant to the said representation, a meeting of Departmental 5 Committee was convened on 10.10.2022, wherein, the committee has found that the Annual Confidential Report (ACR) as well as details of immovable properties of the petitioner for the period from 01.04.1994 to 31.03.1998; 01.04.2006 to 31.03.2010 & from 01.04.2013 to 31.03.2017 were not available as such the committee has not recommended for grant of benefit Kramonnati / Time Pay scale to the petitioner. It would be pertinent to submit here that, the ACR as well as details of immovable property of preceding five years of the employee are necessary for considering to extend such benefit. As such after considering the case of the petitioner, relevant documents and alsoconsidering the relevant provision/circular with regard to grant of Kramonnati / Time Pay scale, the grant aforesaid the State Government, Department of Health & Family Welfare, Nava Raipur, Atal Nagar has declined to benefit and rejected representations of the petitioner vide order dated 11.11.2022 (Annexure P/1), which is just, proper and reasoned and the same does not warrant any interference of this Hon'ble Court.” 7. On perusal of the order impugned herein itself stated that since the Annual Confidential Report(s) (ACRs) for the period of 01.04.2006 to 31.03.2010 and from 01.04.2013 to 31.03.2017 was not available and also the details of property has not been disclosed as such the respondent could not grant benefit of 6 time pay scale and time bound promotion scale to the petitioner. 8. This Court in the matter Shyam Lal Soni Vs. The State of Chhattisgarh & Ors. 1 passed by the Hon’ble Division Bench of this Court has already dealt with the similar issue and stated in paragraph 4 of the said judgment which is reporduced herein under :- “The Learned Single Judge himself observed that it took seven years for the Respondents to retrieve the ACR of the Appellant. ACR is a document in exclusive possession of the Respondents. If it is not produced before the DPC hindering consideration for promotion, it affects the fundamental night of the citizen under Article 14 of the Constitution. If the fault lay with the Respondents, they cannot take advantage of their own wrong.” 9. In light of the facts and circumstances, noting that the respondent authorities have yet to produce the petitioner’s ACRs, this Court directs the respondents to consider the petitioner’s case and grant the Time Pay Scale and Time Bound Promotion Scale within 60 days from the date of receipt of a copy of this order in accordance with law. The authorities are further directed to accord all consequential benefits arising from such grant, having regard to the petitioner’s retirement. 1 Writ Appeal No.48 of 2015 7 Accordingly, the impugned order dated 11.11.2022 (Annexure P/1) is hereby quashed. 10. With the above observations and directions, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Saxena